Burner Hits Back, Accuses Republicans of “Frivolous Partisan Attack”
This morning the state Republican party announced it has filed a complaint with the Federal Elections Commission against Democrat Darcy Burner, the newcomer who’s trying to unseat Republican Congressman Dave Reichert in the 8th District.
I wrote that the complaint marked the opening round of political hardball in the closely-watched race, and now Burner’s campaign has hit back with a release that parries the Republican charges and makes me think Burner will probably win this round.
Here’s the statement:
4/12/06FOR IMMEDIATE RELEASE
Nervous about the Strength of Burner’s Campaign, Republicans resort to Frivolous partisan attack
The week after Darcy Burner raised twice as much as Republican Congressman Reichert in the first quarter, the Republican Party launched a frivolous partisan attack on the Darcy Burner’s campaign. The Republican charge focuses on legal volunteer activities conducted by private citizens.
“Because of people’s desire for change, hundreds of people helped Darcy raise twice as much as Congressman Reichert last quarter. This obviously spooked the Republican,” said Zach Silk, Darcy Burner’s Campaign Manager.
The activities outlined in the Republican letter are the actions of an individual who voluntarily put together a video without compensation.
Under Chapter 100.74 of the Federal Elections Campaign Act, an individual may volunteer personal services to a campaign without making a contribution as long as the individual is not compensated by anyone for the services. Such volunteer activity is not reportable [see details below].
Darcy accepts invitations to speak at dozens of volunteer-driven citizen groups across the district. These activities are perfectly legal under FEC law.
Legal chapter and verse in the jump…
Personal ServicesBasic Rule: No Compensation
An individual may volunteer personal services to a campaign without making a contribution as long as the individual is not compensated by anyone for the services. 100.74. Volunteer activity is not reportable.
EXAMPLE: An attorney, working as a volunteer (i.e., he receives no compensation from anyone), writes policy papers for the campaign.
Note, however, that if volunteers are, in fact, paid for their services, the activity is no longer considered volunteer activity, and the payments, if made by someone other than the campaign itself, result in in-kind contributions, which must be reported by the campaign. 100.54. (Exception:
"Free Legal and Accounting Services," above.)
This is a completely bogus interpretation of campaign finance regulations. By this logic, any candidate could have a campaign advertisement filmed and produced for free if they used only volunteer services. Or any other electioneering activity for that matter.